File No. 4857/11–13.
Minister Rockhill
to the Secretary of State.
American Legation,
Peking,June 7,
1907.
No. 636.]
Sir: In reference to my dispatch, No. 610, of
the 13th ultimo, I have the honor to transmit herewith inclosed, for the
department’s information, a copy of a note addressed to this legation on
the 28th of May by the Wai-wu Pu regarding alleged illegal importations
of arms by foreign merchants, and a copy of my reply of this date
thereto.
I have, etc.,
[Inclosure
1.—Translation.]
The Prince of Ch’ing
to Minister Rockhill.
Foreign Office,
Peking,May 28,
1907.
No. 283.]
Your Excellency: I have the honor to call
your attention to the fact that of late lawless characters in the
various provinces have been importing arms secretly through foreign
merchants. This being without doubt a matter which might endanger
the public peace, the customs authorities on several occasions,
after investigation, have detained and confiscated the goods, as is
required by the regulations. According to treaty stipulations import
trade is prohibited in all forbidden articles, and in this class are
included gunpowder, cartridges, shot, cannon, large and small arms
for hunting, and all kinds of implements of war.
It becomes my duty to bring this matter to your excellency’s
attention and to request that you will direct the consuls at the
various ports to take note of it and to investigate and prohibit all
such unlawful trade. These measures must be adopted in order to
prevent disturbances and to protect the public peace. The favor of a
reply is requested.
A necessary dispatch.
[Seal of Wai-wu Pu.]
[Inclosure 2.]
Minister Rockhill to the Prince of
Ch’ing.
American Legation,
Peking,June 7,
1907.
No. 261.]
Your Imperial Highness: I have the honor to
acknowledge the receipt of your imperial highness’s note of. May 28,
calling my attention to the fact that of late lawless characters
have been secretly importing arms into China through foreign
merchants, and in which you state that, as this is a menace to the
peace of the country, and, since the importation of arms and
ammunition of all kinds is prohibited by treaty, you must request
that I direct the American consuls to investigate and prohibit all
such unlawful trade.
In reply I have the honor to state that the enforcement of the
ordinances and rules passed by China prohibiting the importation of
arms, ammunition, and
[Page 202]
munitions of war of every kind, except at the requisition of the
Chinese Government or for sale to Chinese duly authorized to
purchase them, rests solely with the Imperial Government, and that
the consular representatives of the United States of America in
China are neither empowered nor able to investigate and prohibit
such unlawful trade. As in duty bound I communicated to my
Government and to the American consuls in China, for their
information, the rules concerning the importation of arms, etc.,
which your imperial highness sent to me in your note of May 2 last.
American citizens engaged in trade with China are presumed to know
the treaties between our two countries and the rules and regulations
governing trade. They can not plead ignorance as an excuse if they
violate them; but in the present case, as I had the honor to remark,
the enforcement of the prohibition of the importation of arms and
ammunition must rest with the Imperial Government of China, and no
responsibility can or will be assumed by the United States of
America for violations thereof.
I avail myself, etc.,
